Santa Cruz County, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing section
- SCCC 18.10.110(C)
- County enforcement
- Zoning code applies regardless of CC&Rs
- CC&R enforcement
- County will not enforce private covenants
- Exception
- Unless county is a party to the covenant
- Adopted by
- Ordinance 5427 6, 2022
Summary
Santa Cruz County's zoning code applies to every unincorporated parcel no matter what a subdivision's CC&Rs say, and County staff will not step in to enforce a homeowners association's private covenants. Under SCCC 18.10.110(C), zoning enforcement and HOA rule enforcement run on separate tracks: a CC&R violation alone is not a county code enforcement case.
The provisions of this chapter apply regardless of whether they impose a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction such as conditions, covenants, and restrictions (CC&Rs), and without affecting the applicability of any such private agreement or restriction. The County of Santa Cruz shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5004302; v11 updated 2026-05-19; through 05-19-2026).
Full Breakdown
110 of the Santa Cruz County Code, adopted by Ordinance 5427 in 2022 as part of the county's permit-processing chapter, sets out how discretionary permits, subdivisions, and zoning matters apply across unincorporated Santa Cruz County. " A subdivision's CC&Rs cannot loosen what county zoning demands, and county zoning does not automatically loosen what the CC&Rs demand either; the two operate independently. " Unless the county itself signed onto a particular CC&R, which happens only where a development agreement or subdivision condition of approval required it, Planning Department code enforcement staff will not cite a homeowner for violating an HOA rule, no matter how clearly the CC&R states it.
A property owner who wants a fence height, paint color, or setback enforced against a neighbor under a private CC&R has to pursue that through the HOA's own governance documents or civil court, not through county code enforcement. 10 building permits, and other County Code provisions to every parcel in an HOA-governed subdivision exactly as it would to any other unincorporated parcel; a CC&R cannot excuse a zoning citation and cannot substitute for a required permit.
Violations & Fines
The county issues zoning violation notices under its own code enforcement process for a Title 13 zoning or building code violation regardless of any CC&R; penalties follow the standard county code enforcement track, not an HOA fine schedule. For a CC&R violation alone, with no underlying zoning or building violation, county code enforcement will not open a case; the HOA's own remedies, such as fines, liens, or a civil suit, are the only avenue, and the county issues no citation, hearing, or fine for it.
Frequently Asked Questions
Will Santa Cruz County enforce my HOA's CC&Rs against a neighbor?
Can my HOA's CC&Rs override county zoning rules?
What if the county is actually a party to a subdivision's CC&Rs?
Sources & Official References
Other rules in Santa Cruz County
California rules heatmap·Compare Santa Cruz County to another location·View the California hoa rules overview
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